46
proceeded to bury the bodies, a task that was not completed, since the remains were found
partially exposed in the open by relatives and neighbors, who proceeded to bury them more
deeply in clandestine graves. In 1993, 2007, 2008, 2010, 2011 and 2012 forensic work was
carried out in which skeletal remains were exhumed and seven of the aforementioned persons
were identified (supra paras. 91 and 107). Finally, although there was an initial attempt to hide
the lifeless bodies of these 34 individuals, which was not successful, it was the neighbors and
the families themselves who subsequently completed the burial of the bodies and had knowledge
of the place where they were buried. Therefore, this Court considers that it is not appropriate to
conclude that these 34 persons were victims of forced disappearance.
146. Third, it is on record that Antonio Chen Mendoza, 6 years old, was also named as a victim
of forced disappearance; however, it has been determined that he stayed with his family in the
mountains, and that due to exposure to the ravages of the climate he became ill and died. His
body was buried in the mountains by his own family (supra para. 114). Likewise, Juan Alvarado
Grave was identified as a victim of forced disappearance, although the account of the facts shows
that he was executed by a group of “judicial officers” and his body was found in the Salamá
Hospital, where his brother Mateo Grave, accompanied by two people, went to locate and identify
his body (supra para. 85). In turn, Mateo Grave and Pedro Depaz Ciprián were reported as
victims of forced disappearance; however, it has been determined that they were executed by a
group of “judicial officers” and their bodies were also taken to the Salamá Hospital. With respect
to Mateo Grave, it has also been established that his body was buried in the San Salamá
cemetery by order of the Justice of the Peace of San Miguel Chicaj (supra paras. 85 and 86).
Therefore, since this Court does not have sufficient information or evidence to reach a different
conclusion, it considers that it is not appropriate to conclude that the four abovementioned
persons were victims of forced disappearance.
147. In short, the Court finds that it is not appropriate to conclude the forced disappearance of
a total of 59 persons who were reported as victims of said violation (supra paras. 144 to 146).
Nevertheless, the Court notes that due to the State’s investigative negligence and based on the
information provided to this Court, which has not been refuted, it has still not been possible to
exhume and/or identify the remains of 31 persons 165 who were buried by relatives and neighbors
in clandestine cemeteries at the time of the internal armed conflict in Guatemala. Indeed, in
some cases it appears that although the place of burial is known and/or the remains were
exhumed and/or recovered, it is not known whether the forensic work of search, exhumation,
recovery, analysis and eventual identification of remains has been completed. This situation will
be taken into account by this Court in an eventual analysis of the alleged lack of due diligence
and impunity in this case, and when deciding on the applicable reparations, in Chapters IX.III
and X of this judgment.
148. In addition, it remains to be determined what happened to 22 persons who have also been
named as victims of forced disappearance and regarding whom it was established that:
a) Pedro Siana was detained along with two other persons on the road to Rabinal by a
14. Antonio Alvarado González; 15. Alfonso Cruz Juárez; 16. Santiago Alvarado Xitumul; 17. Teodoro González; 18.
Eulogio Morales Alvarado; 19. Luciano González; 20. Apolinario Juárez Pérez; 21. Alberto Juárez Pérez; 22. Evaristo
Siana; 23. Pedro Tum; 24. Egmidio Siana; 25. Demetrio Chen Alvarado; 26. Pedro Galiego Mendoza; 27. Camilo Juárez
Valey; 28. Julián Garniga; 29. Benito Juárez Ixpancoc; 30. Francisco Depaz; 31. Maximiliano Sis Valey; 32. Vicente Sic
Osorio; 33. Félix Alvarado Xitumul, and 34. José Demetrio Cahuéc Jerónimo.
165
The bodies of the following persons have not been identified: 1. Héctor Rolando Alvarado García; 2. María Concepción
Xitumul; 3. Raymunda Sical Corazón, and 4. Amelia Milián Morales. Nor have the bodies of: 5. Clemente Juárez Ixpancoc; 6.
Pedro Sic Jerónimo; 7. Gregorio Valey; 8. Timoteo Sic Cujá; 9. Roberto Galiego Chén; 10. Antonio Alvarado González; 11.
Alfonso Cruz Juárez; 12. Santiago Alvarado Xitumul; 13. Teodoro González; 14. Eulogio Morales Alvarado; 15. Luciano
González; 16. Apolinario Juárez Pérez; 17. Alberto Juárez Pérez; 18. Evaristo Siana; 19. Pedro Tum; 20. Egmidio Siana; 21.
Demetrio Chen Alvarado; 22. Pedro Galiego Mendoza; 23. Camilo Juárez Valey; 24. Julián Garniga; 25. Benito Juárez Ixpancoc;
26. Francisco Depaz; 27. Maximiliano Sis Valey; 28. Vicente Sic Osorio; 29. Félix Alvarado Xitumul; 30. José Demetrio Cahuec
Jerónimo, and 31. Antonio Chen Mendoza.